FAQ's
Got Questions? We’ve Got Answers.
A Last Will and Testament is a legal document that allows a person ("Testator") to clearly and precisely specify how the assets including belongings and property will be distributed after the death of the Testator. This allows the Testator to control who inherits or gets the assets after their death and helps in avoiding disputes among the beneficiaries.
A Will should include details like family, assets, liabilities, Beneficiaries, an Executor, the names of two Witnesses, and the date and place of signing. It’s recommended to add as much detail about important people as possible to make it easier for the Executor to execute the estate properly.
A Will should include details like family, assets, liabilities, Beneficiaries, an Executor, the names of two Witnesses, and the date and place of signing. It’s recommended to add as much detail about important people as possible to make it easier for the Executor to execute the estate properly.
Any person who is 18 years or older, of sound mind, and able to understand the implications of the will. The Testator should not be under the influence of substances or undue pressure at the time of making the Will.
The Last Will comes into effect after the demise of the Testator.
The Last Will only comes into effect after the demise of the Testator, so it does not affect the assets of the Testator until death. A Last Will allows the Testator to control who inherits the assets and belongings, avoiding disputes among the beneficiaries.
No, having a Will is not mandatory. However, if the Testator dies without a Will, the remaining assets will be distributed as per applicable personal laws, which may not be in the Testator's interest. A Will is especially important if the Testator has minors, step-children, aged parents, or dependent siblings.
If you die without a Will, applicable Succession Laws take effect, specifying what proportion of assets will be passed to family members. In the absence of a Will, a Succession Certificate/Legal Heir Certificate must be obtained for movable properties and Letters of Administration for immovable properties. The process may cause delays before your loved ones receive their inheritance.
Your Will can be handwritten or typed on plain paper. No stamp paper is required, and it can be written in any language of your choice.
Yes, making an Online Will is legal. WillB helps you create your Will and generates a hard copy that you must sign physically with your Witnesses. This process is legally valid and can include guidance on asset registers, selecting Executors, and Guardians.
You can amend your Will by creating a new one or by adding a Codicil (an amendment). A Codicil must be signed, dated, and witnessed just like the original Will. It’s advisable to destroy previous versions of the Will to avoid confusion.
You can cancel your Will by executing a subsequent Will, writing an intention to revoke the Will, or physically destroying the original Will (tearing, burning, etc.).
The executor, also called a "personal representative," is the person the Testator appoints to handle the administration of their estate after their death. The executor is responsible for settling debts, paying taxes, distributing assets, and handling the overall affairs related to the estate. The executor must be at least 18 years old and of sound mind. The role may also be filled by a professional executor, and a substitute executor can be appointed in case the primary executor is unavailable.
Filing court papers if required
Notifying the relevant authorities about the Testator’s death
Distributing the estate according to the Will
Paying debts and taxes, and filing income tax returns
Managing other responsibilities related to the Will
Filing court papers if required
Notifying the relevant authorities about the Testator’s death
Distributing the estate according to the Will
Paying debts and taxes, and filing income tax returns
Managing other responsibilities related to the Will
Choosing the right executor is crucial to ensure that your estate is distributed properly and without dispute. An executor can be a trusted family member, friend, lawyer, or professional. It's important to consider the following when choosing an executor:
Ensure they are reliable and trustworthy
Get their consent before nominating them
Consider appointing more than one executor (up to two), but avoid too many executors
Choose someone with good communication skills and the ability to manage estate complexities
Consider the location of your executor, especially if the estate is located in different areas
If you choose a professional executor, fees may be charged, typically 1%-5% of the estate value.
Ensure they are reliable and trustworthy
Get their consent before nominating them
Consider appointing more than one executor (up to two), but avoid too many executors
Choose someone with good communication skills and the ability to manage estate complexities
Consider the location of your executor, especially if the estate is located in different areas
If you choose a professional executor, fees may be charged, typically 1%-5% of the estate value.
Yes, a Will requires at least two witnesses who are competent adults, above 18 years old. The witnesses should not be beneficiaries or closely related to any beneficiaries to avoid potential conflicts. The witnesses are there to confirm that the Testator has signed the Will in their presence, though they are not required to read the Will.
It is not uncommon to gift some assets to children, especially during important life milestones. However, gifting cannot substitute for a Will, as you still need some assets reserved for yourself, such as the home you live in, bank account deposits, etc., to take care of your needs. Gifting everything you own may not be a good financial decision. A Will gives you complete control over your assets during your lifetime while ensuring your estate is distributed according to your wishes after death.
According to Indian laws, a nominee is only a trustee and does not become the rightful owner of the assets after the Testator’s demise. The nominee holds the assets on behalf of the beneficiary until the legal heir(s) is/are established by the Will or Succession Laws. The nominee will transfer the assets to the rightful heirs. It's important to note that a nominee can also be a legal heir as determined by the Will or applicable Succession Laws.
No, there is no legal requirement for a medical certificate while drafting a Last Will. However, it may be advisable to obtain a medical certificate from a doctor stating that you were in good health and of sound mind when writing the Will. This can be kept on record alongside the Will.
It is a misconception that Wills are only for the elderly. Life is unpredictable, and it is good financial hygiene to create a Will once you turn 18 and own any asset, such as real estate, insurance policies, or bank accounts. A Will protects the interests of your loved ones, especially those who depend on you financially. Life insurance policies are bought at younger ages today, and similarly, having a Will early in life ensures that your assets are managed according to your wishes.
A Last Will and Testament is important for anyone who has assets to distribute, regardless of age or wealth. It's especially important in situations such as:
When beneficiaries include minors, and a guardian needs to be appointed.
When the Testator has a specific interest in distributing assets to particular people or organizations.
If there is potential conflict between beneficiaries, a Will helps minimize disputes over asset distribution.
When beneficiaries include minors, and a guardian needs to be appointed.
When the Testator has a specific interest in distributing assets to particular people or organizations.
If there is potential conflict between beneficiaries, a Will helps minimize disputes over asset distribution.
The Testator is the person who creates the Will and outlines the distribution of their assets after death. The Testator must be of legal age (18 years or older) and of sound mind when creating the Will. A Testator must be free from undue influences (e.g., coercion or threats) when drafting the Will.
Beneficiaries are individuals or organizations who are entitled to receive the Testator’s assets and belongings as per the Will. Beneficiaries can include family members, friends, charitable institutions, or other organizations. If there are minor beneficiaries (under the age of 18), a guardian must be appointed to care for them.
Assets are anything of value owned by the Testator, including real estate (homes, land), money in bank accounts, vehicles, personal belongings (jewelry, furniture, art), intellectual property (patents, copyrights), and more. It’s recommended to clearly list all joint property titles in the Will to avoid disputes.
Assets that can be bequeathed in a Will include:
Movable and immovable properties
Cash
Jewelry
Fixed deposits
Mutual funds
Shares
Bank accounts
Receivables
Loans and liabilities
Insurance policies
Intellectual properties like trademarks, patents, copyrights
Digital assets like social media accounts
Pets, paintings, antiques, personal belongings
Movable and immovable properties
Cash
Jewelry
Fixed deposits
Mutual funds
Shares
Bank accounts
Receivables
Loans and liabilities
Insurance policies
Intellectual properties like trademarks, patents, copyrights
Digital assets like social media accounts
Pets, paintings, antiques, personal belongings
New assets acquired after signing the Will can be included under sections dealing with Future or Residual Assets. It’s advisable to review and update the Will regularly, especially when there is a significant change in assets or family circumstances. WillB offers provisions for handling such assets, ensuring that nothing is left out.
A testamentary trust is a type of trust that is established in accordance with the instructions outlined in a last will and testament. It is a legal arrangement that allows a trustee, a third-party individual or entity, to manage the assets of the deceased on behalf of the trust's beneficiaries.
If an asset is disposed of after the Will is signed, it cannot be bequeathed as it no longer forms part of the Testator's estate at the time of death. It is important to review your Will regularly and update it if there are significant changes in your asset holdings or family situation to ensure it reflects your current wishes.
Your witnesses should ideally be younger than you, to ensure they survive you and can testify if needed. It is advised not to choose advocates who drafted the Will as witnesses. Also, witnesses should be informed that they may need to testify in court should the Will be challenged. It is crucial that witnesses are trustworthy and able to manage the potential pressure of being involved in the process after your death.
If the Testator has minor children, the Will can designate a guardian to take care of them until they reach the age of majority (18 years). The guardian is responsible for the child’s well-being and may also manage assets left to the minor until they come of age.
In the case of Muslims in India, they are restricted by personal laws and can only dispose of one-third of their property via a Will, with the consent of their heirs. In the case of Indian Christians and Parsis, marriage automatically revokes the Will, requiring a new one to be made. Other restrictions may apply depending on the religious background of the Testator.
Once the Will is signed by the Testator and witnessed, it must be stored securely to prevent alterations or destruction. It’s not mandatory but advisable to share copies of the Will with involved parties (beneficiaries, executors, guardians). The Testator may amend the Will at any time, based on changes in circumstances or assets.
No, notarization is not required for a Will to be legally valid. However, notarization can add an extra layer of verification and authenticity to the document.
Registration of a Will is not mandatory, but it can enhance its authenticity. By registering a Will, a copy is kept with the sub-registrar and can be accessed by interested parties. This also helps prevent alterations or destruction of the document. The Will is registered in the jurisdiction where the Testator resides.
Those who are legally recognized to inherit a deceased person’s assets or take on their liabilities are referred to as legal heirs.
According to the Indian Succession Act, this group generally consists of the husband, parents, children (son and daughter), and other direct legal heirs, as well as extended relatives.
The identification of a direct legal heir is essential for determining the allocation of the deceased’s assets as well as for meeting other financial and legal duties that were left behind.
The identification of a direct legal heir is essential for determining the allocation of the deceased’s assets as well as for meeting other financial and legal duties that were left behind.
The Indian Succession Act of 1925 is a comprehensive law that covers various aspects of inheritance and succession in India. It is the guiding legislation for matters related to wills and testamentary succession in India, encompassing provisions that regulate the distribution of assets after a person’s demise. The Act broadly divides succession into intestate and testamentary succession.
It is the principal legislative measure in India dealing with the substantive law of testamentary succession in regard to persons other than Muslims and intestate succession in regard to persons other than Hindus and Muslims.
It is the principal legislative measure in India dealing with the substantive law of testamentary succession in regard to persons other than Muslims and intestate succession in regard to persons other than Hindus and Muslims.
The Hindu Succession Act, 1956 is an Act relating to the succession and inheritance of property and applies to Hindus. This Act lays down a comprehensive and uniform system that incorporates both succession and inheritance. This Act also deals with intestate or unwilled (testamentary) succession. Therefore, this Act combines all the aspects of Hindu succession and brings them into its ambit.
There are two groups of legal heirs: Class I and Class II heirs. The Hindu succession law, states that if a Hindu man leaves property without a will, it is mainly distributed equally among his Class I heirs, which include the mother, widow, and children.
The property may be claimed by Class II heirs (father, grandchildren, great-grandchildren, brother, sister, and other relatives) ONLY in the event that there are no Class I heirs.
In the event that the Testator needs to support his/her father or siblings financially after his/her death or if property has to be directly distributed to his/her father, siblings or grand children, a will is essential to execute the wishes of the Testator.
The property may be claimed by Class II heirs (father, grandchildren, great-grandchildren, brother, sister, and other relatives) ONLY in the event that there are no Class I heirs.
In the event that the Testator needs to support his/her father or siblings financially after his/her death or if property has to be directly distributed to his/her father, siblings or grand children, a will is essential to execute the wishes of the Testator.
When the deceased dies without making any valid will for his entire property, then the intestacy is called total intestacy. Total intestacy leads to assets passing to beneficiaries the deceased never intended to benefit and it can be costly and time-consuming.
A partial intestacy happens where an individual has left a will but, for one reason or another, the will does not fully deal with the whole of their property. Not only does a partial intestacy lead to assets passing to beneficiaries the deceased never intended to benefit, it can also be costly and time-consuming.
To avoid total and partial intestacy, it is important to ensure that everyone writes a valid will and appropriate legal advice is taken when writing a will. Partial intestacies usually arise where the ‘testator’ (the person making the will) has not taken advice from legal professionals on the distribution of their property.
A partial intestacy happens where an individual has left a will but, for one reason or another, the will does not fully deal with the whole of their property. Not only does a partial intestacy lead to assets passing to beneficiaries the deceased never intended to benefit, it can also be costly and time-consuming.
To avoid total and partial intestacy, it is important to ensure that everyone writes a valid will and appropriate legal advice is taken when writing a will. Partial intestacies usually arise where the ‘testator’ (the person making the will) has not taken advice from legal professionals on the distribution of their property.